Ontario winters are no stranger to snow, slush, and icy sidewalks. With these conditions come higher risks of slip and fall accidents, especially on private property. If you’ve been injured after slipping on ice or snow, it’s important to understand a recent and significant change to Ontario law: you now have only 60 days to notify the property owner. Missing this deadline could cost you the ability to seek compensation.
Let’s break down what this means and how you can protect your rights.
Your Rights Under the Occupiers’ Liability Act
Ontario’s Occupiers’ Liability Act (OLA) governs the duty of care that property owners or occupiers owe to people who enter their premises. During winter, this includes reasonable snow and ice removal, use of salt or sand, and warning signs when hazards are present.
If a property owner fails in these duties and someone is injured, they can be held legally responsible—but only if certain procedural steps are followed.
The 60-Day Rule: A Critical Time Limit
As of December 2020, changes to the OLA introduced a strict requirement for slip and fall cases involving snow or ice. You must now notify the property owner or occupier within 60 days of the incident in writing. In many cases, this notice must also be sent to any snow removal contractor hired to manage the property.
Failing to provide this notice on time can seriously affect your ability to make a legal claim, regardless of how severe your injuries are.
Why the Rule Exists—and Why It’s Controversial
Supporters of the 60-day requirement argue that early notice allows property owners to investigate incidents promptly and preserve evidence, such as surveillance footage or weather records. However, critics point out that the rule can be unfair to victims who are recovering from injury or unaware of the new legal requirement.
Common obstacles include:
- Being in shock or focused on medical treatment
- Not knowing about the 60-day deadline
- Difficulty identifying who is legally responsible
Exceptions to the Deadline: Not All Hope Is Lost
While the 60-day timeline is strict, there are exceptions:
- In cases where the injured person dies, the notice requirement is waived entirely.
- Reasonable excuse: If you missed the deadline due to hospitalization, mental incapacity, or lack of knowledge, a judge may still allow your claim to proceed. You must present solid evidence to support your reason.
- Immediate effort to act: Even if you’re slightly late, taking quick steps to notify the responsible party, gather evidence, and seek legal advice can still help your case.
Steps to Take After a Slip and Fall on Ice
If you fall on a snowy or icy surface, act quickly to protect your legal options:
- Get medical help immediately and document your injuries.
- Take photos of the location, weather conditions, and your injuries. Time-stamped images are especially useful.
- Identify the property owner or responsible party, including any snow removal contractors.
- Send a written notice within the 60-day window. The notice should describe the accident, including the time, date, location, and your intent to pursue a claim.
How to Deliver the Notice Properly
The law permits two acceptable delivery methods:
- Personal service: Delivering the notice directly to the owner or their representative.
- Registered mail: Sending the notice via registered mail with a return receipt to prove it was delivered.
Always keep a copy of the notice and the delivery receipt. These can become critical if your claim is later challenged.
Final Thoughts: Time is the Real Risk Factor
Winter slip and fall injuries can happen in an instant, but your response time matters just as much as the fall itself. Ontario’s 60-day notice rule makes early action essential. Knowing your rights, documenting your injury, and sending timely notice can be the difference between securing compensation and walking away with nothing.
Understanding the law is just the first step. Acting quickly and decisively protects your ability to recover physically, emotionally, and financially after a winter accident.